OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 545 Bill Analysis
134th General Assembly
Click here for H.B. 545’s Fiscal Note
Version: As Reported by Senate Judiciary
Primary Sponsors: Reps. Abrams and Baldridge
Effective Date:
Kelly Bomba, Attorney
SUMMARY
 Prohibits, generally, a peer support team member from testifying concerning either a
communication received from an individual receiving peer support services from the
team member or the member’s advice to the individual.
 Lists the circumstances in which this testimonial privilege does not apply.
 Requires an employer, organization, or advisor appointed by an employer or
organization to create and maintain a roster identifying the employer’s or organization’s
peer support team members and whether each member satisfies education
requirements necessary for the testimonial privilege to apply.
DETAILED ANALYSIS
Privileged testimonial communications
The bill prohibits, subject to the exceptions listed below, a peer support team member
from testifying concerning (1) a communication received from an individual who receives peer
support services from the team member or (2) the team member’s advice to the individual.1
For purposes of the bill, “peer support services” means consultation, risk assessment,
referral, or on-site intervention services provided by a peer support team member to an
individual experiencing psychological or physical symptoms caused by exposure to acute or
chronic high stress incidents in the course of the individual’s employment. “Peer support
services” include both of the following:
 This analysis was prepared before the report of the Senate Judiciary Committee appeared in the
Senate Journal. Note that the legislative history may be incomplete.
1 R.C. 2317.023(B).
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 Providing knowledge and experience or emotional, social, or practical support to peers;
 Helping a peer navigate available resources, including the mental health system.
A “peer support team member” is an individual who satisfies all of the following:
 The individual is (1) a peace officer, firefighter, emergency medical worker, or
corrections officer, (2) a dispatcher for peace officers, firefighters, or emergency
medical workers, (3) a civilian employee of an entity that employs peace officers,
firefighters, emergency medical workers, or corrections officers, or (4) a retired peace
officer, firefighter, emergency medical worker, corrections officer, or dispatcher acting
with the approval of the retiree’s former employer or the approval of the employer
appointing the peer support team;
 The individual has received no less than 16 hours of basic peer support training that
must include certain topics discussed below;
 The individual provides peer support services to individuals with similar life experiences
as part of an organized group appointed to provide peer support services by an
employer, a union, or a charitable organization consisting of current or former peace
officers, firefighters, emergency medical workers, or dispatchers (a “peer support
team”).
The basic peer support training must include:
 An introduction to peer support services and basic peer support skills;
 Understanding and identifying the risk factors of mental problems for the team
member’s peers;
 Understanding confidentially and privacy for privileged communications;
 Identifying local mental health support resources;
 Understanding the importance of engaged communication, listening, and conflict
resolution in the context of providing peer support services.2
To receive the testimonial privilege, a peer support team member must complete no
less than eight hours of basic peer support training every two years. For the privilege to apply
to a communication made at the scene of and immediately after an incident that involves a
substantial risk of serious physical harm to persons, serious physical harm to persons, or the
loss of human life, the team member must have provided support services at the request of the
recipient and at the direction of the employer or organization that appointed the peer support
team.
2 R.C. 2317.023(A) and (H).
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An employer or organization that appoints a peer support team may designate any of
the following individuals as an advisor to ensure team members are appropriately trained and
providing proper services:
 A licensed physician, including a physician who has satisfactorily completed a residency
training program in psychiatry;
 A licensed psychologist;
 A clinical nurse specialist or certified nurse practitioner who holds a psychiatric-mental
health credential issued by the American Nurses Credentialing Center or a successor
organization;
 A licensed professional clinical counselor or licensed professional counselor;
 A licensed independent social worker or licensed social worker.3
Exceptions to privileged communications
The testimonial privilege described above does not apply if any of the following are true:
 The communication or advice indicates clear and present danger to the individual who
receives peer support services or to other persons (indications of past or present abuse
or neglect of a child constitute a clear and present danger);
 The individual who received peer support services gives express consent to the
testimony;
 If the individual who received peer support services is deceased, the surviving spouse or
the executor or administrator of the estate of the deceased individual gives express
consent;
 The individual who received peer support services voluntarily testifies, in which case the
peer support team member may be compelled to testify on the same subject;
 The court privately reviews the information communicated by the individual who
received peer support services and determines that it is not germane to the relationship
between the individual and the peer support team member;
 The communication or advice pertains or is related to any criminal act.4
Member roster
The bill requires an employer or organization that appoints a peer support team, or a
designated advisor, to keep a roster of the team’s members. The roster must contain the
following information:
3 R.C. 2317.023(E), (F), and (G).
4 R.C. 2317.023(C) and (D), with conforming change in R.C. 4735.05.
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 The first and last name of each peer support team member providing services at the
time the roster is created;
 Whether the member is in compliance with the peer support training requirements
necessary for the testimonial privilege established by the bill to apply.
The employer, organization, or advisor must update the roster on a regular basis. The
roster may not include the address, telephone number, or other contact information for a team
member.
The roster is not a public record under the Public Records Law.5 However, an employer,
organization, or advisor must make the roster available when requested by a prosecutor,
investigator, or other individual who is legally allowed or required to determine whether a team
member is prohibited from testifying in any proceeding to which the privilege established by
the bill applies.6
Additional definitions
The bill also defines the following terms:
 “Corrections officer” means a person employed by a public or private place used for the
confinement of a person charged with or convicted of any crime in Ohio or another
state or under federal law or alleged or found to be a delinquent child or unruly child in
Ohio or another state or under federal law;
 “Emergency medical worker” means a paid or volunteer first responder, emergency
medical technician-basic, emergency medical technician-intermediate, or emergency
medical technician-paramedic certified under Ohio law;
 “Firefighter” means a paid or volunteer firefighter of a lawfully constituted fire
department;
 “Peace officer” is a person who has arrest powers under the Arrest, Citation, and
Disposition Alternatives Law.7
5 R.C. 149.43, not in the bill.
6 R.C. 4113.42.
7 R.C. 2317.023(A), by reference to R.C. 2935.01, not in the bill.
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HISTORY
Action Date
Introduced 01-24-22
Reported, H. Civil Justice 05-11-22
Passed House (89-0) 05-18-22
Reported, S. Judiciary ---
ANHB0545RS-134/ar
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Statutes affected:
As Introduced: 4735.05
As Reported By House Committee: 4735.05
As Passed By House: 4735.05